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    • Well done. Are you able to tell us more about how it went on the day please? HB
    • when mediation call they will ask the same 3 questions that are in their email you had to accept it going forward. simply state 'i do not have enough information from the claimant to make an informed decision upon mediation so i refuse. end of problem.  
    • Food prices, including a $40 chicken, has stoked fury and calls for big foreign supermarket chains to come to Canada.View the full article
    • Which Court have you received the claim from ? Civil National Business CEntre Name of the Claimant ? Lowell Portfolio i Ltd How many defendant's  joint or self ? Self   Date of issue –  15 Feb 2024 Particulars of Claim What is the claim for – the reason they have issued the claim?  The claim is for the sum of £922 due by the Defendant under and agreement regulated by the Consumer Credit Act 1974 for a Capital One account with an account reference of [number with 16 digits] The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit ACt 1974 which has not been complied with. The debt was legally assigned to the claimant on 16-06-23, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of the issue of these proceedings in the sum of £49.15 The Claimant claims the sum of £972 What is the total value of the claim? £1112 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I dont know the details of the PAPDC to know if it was pursuant to paragraph 3, but I did receive a Letter of Claim with a questionaire/form to fill. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after April 2007 ? no Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned/purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I was aware, I'm not certain I received a 'Notice of Assignment' from Capital One but may have been informed the account had been sold without such a title on the letter? Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not since the debt purchase, and not from Capital One. Why did you cease payments? I can't remember - it was the tail end of the pandemic and I may not have had enough income to keep up payments - I am self-employed and work in the event industry - at that time. I also had a bank account that didn't allow direct debits and may have just forgotten payments and became annoyed at fines for late payments. What was the date of your last payment? Appears to be 20/4/2022 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Here is my Defence: Defence - 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have in the past had an agreement with Capital One but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.. 3. Paragraph 2 is denied. I am unaware of having been served with a Default Notice pursuant to the Consumer Credit Act 1974. 4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 5. The Defendant has sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request. 6. A further request has been made via CPR 31.14 to the Claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has not complied and to date nothing has been received. 7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement and; b) show how the Claimant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 9. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974 10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .................. Please note that I had to write a defence quite quickly as I hit the deadline. At the time of writing the defence, I hadn't been able to find correspondence from Capital One, but had since found default letter etc. I submitted CCA request and CPR 31.14. However, I didn't get any proof of postage or use registered post for the CPR (an oversight) but did with the CCA request. I received a pack which included a letter from Overdales, going over the defence I'd filed, as well as letters of Lowells and reprints of letters from Capital One. But I have no idea if this pack is in response to the CCA request or the CPR ! I would have expected two separate responses ... although I do know they are both the same company. Looking over the pack today, and looking through old emails .. I find some discrepancies in the Capital One default letters (notice of default and Claim of default). They are both dated *before* an email I have stating that a default can be avoided. The one single page of agreement sent (so not the full agreement) has a 16 digit number at the top in small print, next to 'Capital One' which corresponds to a number called 'PURN' printed at the top of each of the 10 pages of ins and outs of the account (they're not official statements, but a list of monthly goings) yet no mention anywhere on either of the account number. I cant really scan them at the moment - I can later tomorrow, but that will be after the mediation call I'm sure. I guess I may be on my own for this mediation ... I am not certain the CCA request has been satisfied .. or if the CPR has been . And then I appear to have evidence that the Default notices provided are fabricated ? Yet, I do have (elsewhere ... not at home) Default letters from Capital One I can check ..
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Supercover Insurace keep on moving the goalposts


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Hello, long time lurker, first time poster, so take it easy with me please.

 

 

I have a claim with these clowns at the moment for a lost mobile phone which has been going on for over 2 weeks now. They are continually placing new hurdles in my path after after assuring me all they needed was the last lot of info I provided.

 

First off they would not accept the proof of purchase Voda provided. They assured me all they needed was proof I purchased the phone from Voda, my name, address, and IMEI. I got Voda to email this directly, which Supercover accepted. They then wanted to do a conference call to confirm I barred it within the timeframe, which Voda confirmed.

 

The very rude woman on the phone then started asking Voda about my last call, text, data from that IMEI. I objected as she never said she was going to pry into my account further. Turns out, the last call from that IMEI was 2 weeks prior to losing the phone due to working away, and having a work phone. Supercover do not have this info as yet by the way.

 

Now, do they need this kind of info, and can they use the fact I had not made a call for 2 weeks on from that IMEI against me? After all, I have provided proof of purcase, and Voda confirmed it was barred asap, and the police do not give out crime numbers. So I feel I have satisfied all they require to proceed with my claim.

 

I have been a loyal customer without a claim for 18 months, and it really annoys me when they try their best to wriggle out of it.

 

Thanks in advance.

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I suspect that these mobile Insurers receive so many fraudulent claims, that they view almost all claims fraudulent, unless they prove otherwise. They therefore make claimants have to go through several hurdles, before they settle the claims. I am not sure refusing to allow disclosure about the use of the phone was a good idea, as I suspect that under the terms of your policy, it says that you must cooperate with Insurers by providing information they may reasonably require. The last usage of the phone is relevant to helping with the claim.

 

I would suggest that you cooperate with the Insurers claims handlers, by providing any information that they wish to have. If you have a question about why they need the information, you can ask, but do so in a way that does not sound like you have something to hide.

We could do with some help from you.

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I will instruct Voda to email the details in the morning. It is not such an unreasonable request, it was just the attitude of the woman on the phone that annoyed me and made me object to her asking for more than she originally requested. I find the majority of the Supercover agents the same to be honest. Very rude, with crap customer service.

 

So I did not make a call from that IMEI for 2 weeks, on what basis can they refuse to replace my phone because of that? In this day and age with large screen mobiles, 2 phones is quite common due to the risk of damage. One as a work phone, one as a best. My work phone is a no frills Nokia, and is simpler to use than my show phone, maybe the reason I have been using than more of late.

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If you had not used the phone for two weeks, this might suggest the loss was earlier than reported. Without reading the policy terms, I would not know whether there is an opportunity for the Insurers to decline the claim. Have a read of the policy terms regarding making a claim.

 

I would have thought that you would have had the phone switched on at some point during the two weeks. The Insurers can check with Voda, when the phone was last connected to their network. If the phone was not switched on for two weeks and there is a requirement to report a loss with x amount of time, I am not sure they would accept your explanation about having another phone. It would sound a bit odd, for you to not check a phone for two weeks, unless you had the calls/texts forwarded to your work phone or had left the phone at home in error for two weeks while you were away. If the phone was not swtiched on you will need to provide a good explanation for this.

We could do with some help from you.

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I may have confused you. I swap the sim card between the two handsets. I use one for work, and one for best. I have been working a lot, and have also actually been working away recently so had not really used the 'best' phone all that much, well, not until I actually lost it.

 

The terms are here, you may have to join the link yourself as my post count is not high enough: 2u.co.uk/mobile-phone-insurance/insurance_terms_and_conditions.php

 

So you think they are trying to give the excuse I never lost my phone on that date? In reality, they cannot prove otherwise, and should not be able to refuse a claim on an assumption that suits them.

 

I appreciate your input, thanks.

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How did you lose the phone?

 

Being that this was your best phone and you were not using it, you would have kept it in a safe place ! You would have had no need to carry it around with you, as you had another phone. You could say you carried it around, just in case you needed to swap over, but you did not do that during a two week period, when the phone was not used.

 

Remember that the claims handlers deal with hundreds of claims every week. They are trained in spotting unusual aspects of claims, by asking probing questions.

We could do with some help from you.

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Okay, so it was in a safe place, in my works locker. I take it out and swap the sim into it, the battery is flat so it does not switch on. I then lose it! Just one of those situations that they can not prove either way. So do they have to give me the benefit of the doubt as you are a paying customer?

 

It really has been a game with them. Every step of the way has been hard. They even asked what police station I reported it to, even though the local police force no longer deal with loss claim at all. If I had told them that they would have caught me out on 'not reporting to the police station' in the policy, even though you do not need to.

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Sounds like a theft rather than loss. Did you report the theft/loss to your employers ?

 

I am not disputing the merits of your claim, just probing. If the Insurers don't believe the information they are being given, they can decline the claim. You would then have to go down the complaints route with them and then if not resolved, go to the FOS. In Insurance polices there are always terms and conditions that Insurers can use, in order to decline claims.

We could do with some help from you.

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I understand your probing. It is helping me tighten up and prepare for their probing. I can see how they can catch many people out on the simplest of detail.

 

I last saw the phone on route to the shop by my workplace. It is on the way here I think I lost the phone...

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I understand your probing. It is helping me tighten up and prepare for their probing. I can see how they can catch many people out on the simplest of detail.

 

I last saw the phone on route to the shop by my workplace. It is on the way here I think I lost the phone...

 

So you say you lost the phone on route between the shop and workplace. Being that you were not using this phone at the time, where did you keep the phone on your person. Was it in a pocket or a bag ? Where do you normally keep it, when not in use. People are creatures of habit, so they will generally keep it in the same place.

 

You have to be consistent with what you say to Insurers. Even during this thread with mild probing, one minute the loss occured at work and then later you think it occured outside of the workplace.

 

Suggest that you have a good think about what you have already told them and if they probe the claim anymore, that you are consistent with whatever you tell them.

We could do with some help from you.

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I left work with the phone after spotting it in my locker, it is there I leave it safely, with my wallet and luchbox. The details they have are that it was in my front right pocket on the way to the shops, from work.

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I left work with the phone after spotting it in my locker, it is there I leave it safely, with my wallet and luchbox. The details they have are that it was in my front right pocket on the way to the shops, from work.

 

The Insurers may carry out a cognitive interview with you just to probe the loss event. You need to have a really good think about what you did on the day of the loss.

 

If they conduct such an interview, you just have to be calm and answer the questions asked. Do not be defensive in any way e.g. why are you asking me that. Just answer the question as it is put.

We could do with some help from you.

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I may write out a statement of the events leading up to when I discovered the loss so I can be clear of my facts incase of this interview. I wonder if they employ rude people just to make you angry. I suspect I may have lost it around the shop where I would have had my hand in my pocket, and I did retrace my steps. It did not help the phone battery being dead. It is useless to me or anybody who may find it anyway as it is barred.

 

I gave them the vaguest info when I claimed. I basically said the phone was in my front right pocket when I went to the shop on my work break, and when I returned I never had it. I retraced my steps. That is all.

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